Adm. Keppel on the Robufte's log-book. Lieut. Thomas Lumley of the Robufte was examined by Adm. Keppel, Feb. 8. to afcertain the alterations made in that ship's log-book [156.]. The Judge-Advocate took the original book, and the witness the other, and compared them. Many alterations were apparently made, but the most material was, In the book delivered in by the Mafter of the Robufte, it fays, "At fix o'clock bore down into our station in the line, which we kept all night as well as a difabled fhip could do, the Admiral making much fail." The book of Lieut. Lumley, and which he fwore was an exact copy of the original before the new leaf was put in, fays, "At fix o'clock tacked and bore down into our station in the line;" and no mention was made of carrying much fail. Another material alteration was, the original book mentioned, that on the morning of the 27th the Admiral made a fignal for the Blue fquadron to chafe;" whereas the alteration made it "for fix or feven fhips only," upon which Sir Hugh Pallifer grounds one of his articles, that he was left to go into action with only three or four hips.

Mr Arnold, Mafter of the fhip, was alfo called, to prove, that the alterations were made by the Captain's order; and, upon his cross-examination, he acquainted the court, that when they were made, Capt. Hood made this obfervation, That he only wished the log-book to be correct; and that, turning to him, and the first lieutenant, he faid, he fuppofed they could atteft this; when the witness anfwered he could, meaning, he faid, only such part of them as fell within his obfervation; but not having been upon deck during the night after the engagement, he did not venture to atteft that part of it which related to the fail made by the Admiral.

Adm. Keppel then addreffed the court: "Capt. Hood fays, (faid the Admiral), he corrected his log-book in his own protection, not knowing but he should appear at your bar as a prifoner instead of a witnefs: but I appeal to the court, whether the alterations and additions be fuch as can fupport the poffibility of fuch a motive. How could the infertion or omiflion of the tignal in the morning of the 27th, for several fhips of the ViceAdmiral of the Blue's divifion to chafe

to windward, instead of the whole Blue fquadron, on which my accufer founds his firft charge, poffibly affect the character or conduct of Capt. Hood? How much lefs could the three French ships being feen, or not feen, very near us, on the morning of the 28th? He furely ne. ver could be anfwerable for their efcape. But these additions I lay no other ftreis upon than to fhew, that they could not be made for the purposes which Capt. Hood has ftated to the court. But one remains of a very different complexion, It is the addition of a circumstance which conftitutes a capital charge again! me, and which, if it miffed my life could not fail to deftroy what is much dearer than life to every man who de ferves to live. It is, befides, the addi tion of a circumftance, which, thoug Capt. Hood has called it a fair and faith ful reprefentation, has been proved by cloud of witneffes, to be wholly un founded in fact; and, what is worl than all, has been this moment prove by the position of the Robufte in th morning of the 28th, to be a circum ftance in which Capt. Hood could hav no poffible perfonal intereft. Had th Robufte fallen aftern in the night, th addition, though not the lefs crimina would at leaft have been reconcileabl with his account of its being done in hi own protection. But when, inftead her being struggling to keep her ftatio as a difabled fhip, from the Victory making much fail, fhe has been proved t have run miles ahead of it during a thoi night, I am intitled to fay, that fuc motives, could not have produced th addition. I am sure I wish he could hat formed one to protect it. I declare iti a fubject of forrow to me, that an indi putably brave and useful officer, which know and acknowledge him to be, an which on that day he approved himfe to be, a man with whom I had lived a familiar friendship, fhould have bee led, by the defigns of others, into fuch fnare; and I can affure the court, an the public, I have fearched to the bottom of it only for the fafety of the service."

Profecutor. This is a matter that tendi to affect Capt. Hood; I hope the coun will allow more witneffes to be called, t elucidate the matter more fully.

Prefident. It does not appear from any thing the Admiral has faid now, it ha affected Capt. Hood at all; it appears to me to be spoke to his credit.

Profecutor

Profecutor. It is fuppofed he has inferted falfe things in his log-book.

The Admiral. The court are the beft judges of that which appeared upon evidence.

Adm. Montagu. What Capt. Hood has declared does not come before us. If Capt. Hood has done a wrong thing and a bad thing, he muft acquit himself to the world in the Morning Poft, or the General Advertifer, or fome of the public papers: it does not come before this court. There are ministerial and antiminifterial papers; he will acquit himfelf in them if he can.

Profecutor. It attacks the credibility of Capt. Hood, and charges him with afkerting a falfehood.

Adm. Montagu. It is not a matter we can take cognifance of at all: if he has done wrong I am sorry for it.

Proceedings at the close of the evidence. Jan. 29. Profecutor. Mr Prefident, I have now finifhed my evidence; I have prepared a few words by way of addrefs to the court, which I defire the JudgeAdvocate may be permitted to read.

The Admiral. Mr Prefident, The evidence upon the part of the accufation being now clofed, I truft it is not prefumptuous in me to declare, that I do not refift the profecutor's claim to address the court by a speech, from any imagination of danger to me; but as I have never known nor heard of any fuch attempt in any court-martial before, and as fuch permiffion may be attended with ill confequences in others that may be governed by the precedents of this, I truft my cause, that is fufficiently new in many respects, will not be diftinguished with any such innovation.

Profecutor. Conceiving myfelf intitled to addrefs the court at the clofe of the evidence for the crown, I cannot confent to wave it, but muft take the opinion of the court.

The Admiral. I mean, that my accufer has no right to make a speech as to the merits of the cafe in any part of this aufe.

The court withdrew, and came to the Following refolution:

Fudge-Advocate. It not occurring to ny member of the court it has ever been he ufage of a court-martial to receive ay thing upon the part of the accufer, fter declaring he had gone through all

the witneffes in fupport of the charge, it is upon this occafion agreed, that the paper now offered by the accuser cannot be admitted.

Feb. 8. The Admiral. Mr Prefident, I have now clofed my evidence, and shall make no obfervations upon it; I fubmit the whole to the wifdom and justice of the court.

Profecutor. Mr Prefident, There being no other witneffes to examine, it is my intention to address the court with fome obfervations, as well upon the evidence, as upon the Admiral's defence; for which purpose I beg to be indulged by the court with a fhort time finally to prepare myself. If the trial had not run into fo extraordinary a length, I should not wish for longer time than till tomorrow; but for fuch a mass of evidence to be observed upon, I hope the court will not think it unreafonable to indulge me to Wednesday, more efpecially as the Admiral has thought fit to defend himself by criminating me.

The Admiral. I am entirely in the judgement of the court with refpect to my accufer's right to reply; I believe it is unprecedented in naval courts-martial. Even in the cafe of Adm. Byng, where I was (unluckily for myself, at leaft I reckon it unlucky where fuch a fentence was paffed) a member of that court-martial [19. 45.], the prosecution was carried on in the name of the crown by the fecretary of state, no fuch attempt was made, and I am at a lofs to conceive upon what it is Sir Hugh Pallifer founds fuch an unprecedented claim.

The court withdrew upon the queftion.

When the court were returned, the Judge-Advocate read the following refotution.

The court having declared in a former refolution they came to in the course of this trial, when the profecutor faid he had gone through all his witneffes he fhould produce in fupport of the charge, that his paper then offered by the profecutor could not be admitted; and the court continuing of the fame opinion, have agreed, and now it is declared, the evidence upon the part of the profecutor in fupport of the charge, and of the defence, is clofed, that nothing more by way of addrefs can be received.

The

Capt.

The principal witnees examined.

On the part of the profecution.

Marshall, of the Arethufa
Sir William Burnaby, of the Milford
Robert Digby, of the Ramillies
Thomas Windfor, of the Fox
Alexander Hood, of the Robuste
Jn. Carter Allen, of the Egmont
Mark Robinson, of the Worcester
John Bazeley, of the Formidable
Sir Richard Bickerton, of the Terrible
Sam. Cranston Goodall, of the Defiance
Sir John Lockhart Rofs, of the Shrewf
bury

Jof. Peyton, of the Cumberland
Evel. Sutton, of the Proferpine

Conftantine John Lord Mulgrave, of
the Courageux
Edward Michael Lord Longford, of the

America

On the part of the prifoner. Sir Robert Harland, Vice-Admiral of the Red,

of the Queen Rear-Adm. John Campbell, of the Victory Capt. Jonathan Faulkner, of the fame

Sir John Lindsay, of the Prince George
Hon. Fred. Maitland, of the Elifabeth
John Laforey, of the Ocean
James Bradly, of the Pluto
Richard Edwards, of the Sandwich
Hon. Robert Boyle Walfingham, of the
Thunderer

Michael Clements, of the Vengeance
John Macbride, of the Bienfaisant
Hon. John Levefon Gower, of the Va-

liant

Philip Cofby, of the Centaur John Neal Pleydell Nott, of the Exeter Hon. Keith Stewart, of the Berwick Sir John Hamilton, of the Hector Belides the above gentlemen, who were all eye-witneffes of the action, there were feveral purfers, lieutenants, masters, &c. &c.

Recapitulation of the evidence.

The honourable teftimonies of fo many great and gallant officers who were eye-witnefles of the Admiral's conduct from the time the French fleet was difcovered, to the moment of their making their efcape, will juftify the honourable acquittal of the Admiral, not only to the prefent times, but to posterity: all other queftions, therefore, relative to particular manœuvres; fuch as, attacking the enemy in diforder; feparating a part of the Vice-Admiral's divifion of the

Blue from their flag; paffing the rear of the enemy too far before he returned to renew the fight on the 27th; wearing again and ftanding from the enemy; carrying too much fail after the action, and thereby rendering it impracticable for the Vice-Admiral of the Blue with his divifion to take their station in the line; not chafing the enemy in the morning of the 28th when they fled to Breft; and fuffer ing three fhips to escape that remained after the main body of the French fleet were out of fight; - all these charges were frivolous and unfupport ed: it was proved, by the almoft unanimous teftimony of the principal witneffes, that if the Admiral had not engaged the enemy as he did, he could not have engaged them that day, and probably not at all; it was proved, that the Admiral's was the firft fhip of his rear of the enemy, and that when be own divifion that wore after paffing the wore he had not a sufficient force to sup port him in a fecond attack; it was pro ved, that the Admiral's wearing again and ftanding from the enemy, was a ne ceffary manœuvre for the protection : five crippled fhips, without which fome of them muft have fallen into the enemy hands; it was proved, that the Admi ral, during the whole afternoon of the 27th, used the moft forcible means in his power for collecting his fleet together after the action, in order to re-attack the enemy, by keeping the fignal for form ing the line flying the whole time; which the Vice-Admiral of the Blue, though a fignal it was proved was not obeyed by particular meffage was sent to let him know that the Admiral only waited for his taking his ftation to renew the ac tion; it was proved, that the Admiral carried no more fail on the starboard tack than was neceffary for the protec tion of the crippled fhips, and for ma king way for the difordered thips to take their ftation in the line; it was proved that in the morning of the 28th the French fleet were out of fight of all but two fhips, and by thofe only difcernible from the maft-head, and confe quently impoffible to have been overtakes by the English fleet, had it been com pofed of clean fhips from the dock, and, all in perfect repair, much less by a fleet compofed of fhips near one half of which | had been twelve months foul, and fome of them two years, befides being dis-i bled in their mafts and rigging by the e

nemy'e

nemy's fire; and it was proved, that orders had been given for the Prince George, Elifabeth, and Bienfaifant, to which the Duke was afterwards added, to chafe the three remaining fhips; but Capt. Macbride of the Elifabeth, and Capt. Lindlay of the Prince George, after the fignal was made, having ac quainted the Admiral with the crippled fate of their fhips, the Bienfaifant was called off, as hazardous to chafe with the Duke alone, who was a heavy failor, but made choice of as the only thip that was known not to have received damage n the action. Thefe leading facts being lly proved, it were unneceffary for us a enter upon the difcuffion of naval mauvres which few of our readers unerftand, and fewer ftill think of confegence enough to have taken up so much the time of the court at fo critical a mature. Gent. Mag.

The Sentence, &c.

The court met on Tuesday, Feb. 9. th all the parties attending, and adurned to the next morning at ten. he court met again on Wednesday at , and adjourned to Thursday at ele.-Sir Hugh Pallifer did not attend ter Tuesday.

The court met at eleven o'clock on hurfday, Feb. 11. being the thirty-firft of their proceedings. The Judge dvocate was defired by the Prefident read the opinion of the court-martial; hich he did in the following words.

At a Court-Martial affembled on board his Majefty's fhip Britannia, the 7th of January 1779, and held by adjournment at the houfe of the Governor of His Majefty's garrifon at Portsmouth, every day afterwards, Sundays exceptted, to the 11th of February 1779, inclufive,

The Court, pursuant to an order of the Lords Commiffioners of the Admiralty, dated the 31st of December 1778, and directed to Sir Thomas Pye, proceeded to inquire into a charge exhibited by Vice-Admiral Sir Hugh Pallifer, againft the Honourable Auguftus Keppel, for mifcondu&t and neglect of duty on the 27th and 28th of July 1778, in fundry inftances, as mentioned in a paper, that accompanied the faid order, and for trying the fame; and on the feventh day of the trial, Adm. Buckle, one of the members of the faid Court, falling ill, the reft of the members refolved to proceed without the faid Adm. Buckle; and the Court having heard the evidence in fupport of the charge, and the prisoner's defence, and maturely and seriously confidered the whole, are of opinion, that the charge is malicious and ill-founded; it having appeared, that the Admiral, fo far from having, by mifconduct and neglect of duty, on the days therein alluded to, loft an opportunity of rendering effential fervice to the ftate, and thereby tarnished the honour of the British navy, behaved as became a judicious, brave, and experienced officer. The Court do therefore unanimously and honourably acquit the faid Admiral Augustus Keppel of the feveral articles in the charge against him; and he is hereby fully and honourably acquitted accordingly." GEO. JACKSON, Ju. Ad. Thomas Pye J. Montagu

Marict Arbuthnot Robert Reddam Mark Milbanke Fran. Samuel Drake

Taylor Penny John Moutray William Bennett Adam Duncan Ph. Boteler James Cranston

The Prefident (Adm. Sir Thomas Pye) then addreffed himself to the Admiral in the following words, delivering to him

his fword at the fame time:

“ Admiral Keppel,

It is no fmall pleasure to me to receive the commands of the Court I have the honour to prefide at, that, in delivering to you your fword, I am to congratulate you on its being reftored to you with fo much honour; hoping, ere long, you will be called forth by your fovereign to fhew it once more in the defence of your country."

The Admiral received the thanks of both Houfes of Parliament, and of the city of London; which, with his an fwers, we infert, viz..

LORDS